Unacceptable service levels plus illegal acts by Telstra against me in conflict with the Governments position for Broadband access equality and my refusal to do business with a company that shows utter contempt for my legal rights.

The Governments has no right to disadvantage me if I enact my right to refuse unconscionable conduct in business dealings.

Equitable provision of good quality telecommunications services are absolutely necessary in a contemporary society such as that in Australia today. Therefore, protection of basic standards for consumer representation, and for infrastructure and basic technology provision and development need to be rigorously ensured. A regulatory environment ensuring 'fair play' by all telcos and other service providers will encourage the production of both quality, and innovation. Therefore we should;

· Consumer stakeholders raised a number of important issues about procedural fairness of complaints handled by the TIO. Of greatest concern were allegations TIO staff unduly pressure consumers or their advocate to finalise a dispute without a fair outcome being achieved from the complainant's point of view.

· Consumers also expressed concern that TIO processes for effective, fair, and timely dispute resolution, may be compromised by limited resources. Serious complaints are often raised (including systemic ones), but consumer advocates have reported that sometimes, in their opinion, investigative staff don't always give a complaint the attention and consideration it deserves. There is a perception among consumers reluctance that the TIO may be reluctant to escalate complaints to higher levels for investigation, perhaps due to resource restrictions.

VICTIM: GARY LOONEY, MENINDEE NSW on DARLING RIVER & MENINDEE LAKES

In the Murray-Darling Electorate

In 2006 Telstra was Anticompetitive in their actions, effective entrapping a Broadband customer by initially not offering satellite or HiBIS whilst signing the customer into a Dialup line being offered as the only available service which in itself, was one of the main Qualifying elements in consideration of HiBIS 2way Satellite eligibility!

Events:

When I initially contacted Telstra asking for high speed Broadband I was told that only dial-up at 64kb/s, later qualified as 48kb/s maximum was available at my Menindee NSW residence, I asked again was there nothing else?

Reluctantly as the only option given as available I had the PSTN line connected plus would receive a bill.

Telstra lied to the TIO, misleading them to believe this was originally installed for ISDN!

Mislead them to believe that ISDN was disconnected on 14 Dec 2005, in truth it was the PSTN line!

Misleading them to believe on 22 December 2005 ISDN was reconnected at my request, when in truth ISDN had never been connected before!

After connection of line for dial-up I was then told Wireless Broadband was available at my residence at speeds of 256 or 512kb/s respectively and as such requested line cancellation as it would no longer be needed with wireless. I purchased a laptop being told it was needed for the wireless card.

In the TIO response of the 26 may 2006 Telstra claims to of advised me on 18 January 2006 that CDMA wireless connection would not run at full broadband speeds!

This would be irrelevant regardless because;

1/ Telstra did not provide Wireless Broadband as a product in Menindee NSW on the Darling River.

2/ Advice would have come 31 days or over 4 weeks to late as the issue occurred on the 14th Dec 2005.

The belated speeds quoted of 80-100kbps "in all likely hood exaggerated" would still fall short of service expectations and previous claims! Broken Hill Telstra Shop stated this service was not available to Menindee and that previous Telstra service availablity advice had been incorrect!

Telstra mislead the TIO, evidently supplying information regarding Wireless Broadband coverage for Mr Looney's "suburb?" of Menindee to the TIO submission? Menindee is a Small country farmers town and has no suburbs!

I was then told Wireless Broadband was not available at my residenceor anywhere in the farmer town ofMenindee for that matter.

Telstra representative at the Broken Hill Telstra shop informed me no broadband wireless service was/had been offered in Menindee which fitted in also with the knowledge of Menindee Darling River residents who would have be using it if available!

ISDN was then offered as the fastest available service so I had ISDN connected to be later told I had to pay more with Telstra insisting on payment for the previous line and upgrade to ISDN being more expensive then from scratch ISDN, after many calls over 2 days Telstra begrudgingly charged correct amount!

During ISDN installation on the 22nd Dec 2005 the installer put 2 stickers on the panel "U LINE" and "TEL.1", the man told me to plug my Ph into "TEL.1" directly leading to the single incoming line as our area has power failures and were the phone to be connected to the ISDN box being power dependent, in such instance your Ph would not work! He also advised me I would need the phone for ISDN installation assisted by Telstra. The following day the Ph did not work!

Calling from a public phone and requesting repair, I was told there were delays and a repair date was not given due to workloads being near Christmas, around New Year I called and again no date was given. During 2 weeks without a phone, attempting ISDN installation.

I walked approx 1.5km around trip each time to use a public phone, each time Telstra asked are you in front of the computer and when explaining I was in a public phone booth with a note pad they questioned my statement of having ISDN, meanwhile I was cooking in the phone box as it was extremely hot and it took many long trips over days, lengthened due to their disbelief and further questioning, often for further substantiating info that I had to walk back home for!

On the5th of January 2006 I asked a technician on the side of the road if he was in Menindee to fix my service, he replied "no" but asked where I lived and later called in to my residence unofficially, using his mobile to phone the original Telstra installer he asked for advice, after hanging up he removed the phone cord from the socket marked "TEL.1" and reinserted into the socket to the left (at this stage unmarked!) commenting it is working now! I asked "What did you do" he replied "The socket to the left is your auxiliary /fax (your second line)!"

I commented that this was good to know and when this was fixed properly I could also connect a fax!

ISDN did not meet the capability of PC TV or streaming live content as described by the Telstra advice line and the unusable, bodged phone socket wiring from installation had not been fixed!

Telstra's Claytons complaint system

On the11th of January 2006 I filed an official"Telstra Residential Complaints Web Form" outlining some of the serious problems with the level of staff training and resultant effects, deciding that after resolution and disconnection from the company I would connect 2way Satellite with another provider.

Michael Barr from Telstra phoned and agreed to have my complaint officially lodged.

I had assumed Mr. Barr to be from "Telstra Dispute Resolution Department" and later found he was in Telstra outback Sales, had not lodged my complaint and was to have me talk to Bianca of the BigPond Team, who it was claimed could resolve the issues. When I asked how they would achieve this in light of the seriousness of my complaints, neither could suggest anything at all!

Telstra was not acknowledging my complaint as a complaint, continually referring to it as "Your Questions", stalling, giving me the run around and refusing my request for Telstra's Official Dispute Resolution Department. For all intensive purposes this department or one like it did not exist when I asked for contact details!

When I lodged a separate complaint on the phone regarding the Installation Fault I was asked to explain what occurred while the Telstra Employee took notes, I was offered a figure of money in compensation of the phone fault and declined the offers as insufficient, later he declared this amount had been deducted from my bill in spite of my disagreeing, I asked that the notes be read back and found he had changed the whole version of events to be in favour of Telstra.

Three times I asked that the transcript correctly represent my statement, three times he blatantly continued to read the modified care notes back unchanged.

I hung up and rung another Telstra employee to complain of this and have a further set of notes taken, requesting they be representative of my words but Telstra Refused to give me a copy of the notes!

Telstra phone staff had been offering me ID (c) or (d) numbers when requested, then moved to the position that I had no right to this information, explaining this practice had changed.

Telstra's complaint cleaning mechanism

Telstra employees had been given orders to redirect my calls to Mary Berejiklian of the CEO's office were I again asked for a copy and even after fully explaining why, I was told that these were Telstra notes and I would have to apply through Freedom of Information. This task turned out to be not possible with my understanding as I had no specifics as to which note to request of 'FOI' nor would Telstra help!

I explained this to the TIO to which they told me Telstra did not have to give me the care note!

Telstra offered me free installation of 2way satellite in Menindee at extremely high standard monthly prices in resolution if I disconnected the ISDN or alternatively 1way Satellite telling me if I connected with Bordernet the monthly fees charged for the ISDN/Satellite package would be more expensive then Telstra's equivalent ISDN/Satellite package at standard charges from both companies, because the single bill from Telstra would be cheaper than the combined total of two bills through Bordernet!

Mary Berejiklian stated she would have a Release and Indemnity written up and that I would sign, ignoring my statement that I would not sign such a document and continued to talk over the top of me, repeating "You will sign". Telstra Included fabricated erroneous statements, plus my name to sign as

"Greg" instead of "Gary" and refused to make changes!

Telstra continued to lie in correspondence to the TIO and refused to correct manipulative lies in the Release and Indemnity.

Telstra continues Standing over me to sign a Release & Indemnity after 7 months of Duress

Finally in August 2006, Seven whole months after my complaint Telstra made a third version of the Release and indemnity (Not included Here) with the exact same lies except changed the name to Gary instead of Greg.

Broken, oppressed and in despair I signed the erroneous document to recoup some of my loss!

My ISDN often dropped to 64kb, each time I had to use Telstra's laborious manual reset method. After many calls asking Telstra for a skilled specialist, a technician talked me through setting configuration changes to prevent unanswered, inaudible calls from dropping the system. Sadly I had already raised this as a possibility?

Telstra repairs fault, now a whole 8 Months after it's existence

On the 17th Aug 2006 Mr. Mallon (Telstra Field Services Manager) with a Technician arrived at my Menindee property claiming they had come to solve all my problems!

Mr. Mallon first handed me a CABAC SURGE PROTECTOR RFI/EMI Filter as can be seen above left stating we were meant to include this as it comes with the installation!

Then the Technician removed the cover from the wall mount sockets and pointed out to Mr. Mallon the problem wiring connected to the "TEL.1" socket, with this Mr. Mallon suggested we go outside and talk to leave the Technician to his work.

Ron Mallon of Telstra uses Emotional Blackmail to deceive!

Once outside Mr. Mallon immediately proceeded to offer unprompted medical history about the Technician inside doing the work, Mr. Mallon said this gentleman had a heart problem explaining that we should be careful not to stress the man to avoid bring on a medical situation for him.

I later realised this to be Mr. Mallon using a form of Emotional Blackmail on me!

I asked Mr. Mallon to promise me he would let Telstra know that the problem had actually existed as Mary Berejiklian was calling me a liar and Mr. Mallon assured me that he would let them know!

When we walked back in the Technician had finished and was writing the functions on the panel with a black Marker as can be seen above!

I watched as the work sheet "TELSTRA SERVICE STATEMENT" was filled out and commented that they had neglected to include the "TEL.1" socket wiring repair, Mr. Mallon said "That will not be necessary" and then I reiterated my request to inform Telstra of the repair to which Mr. Mallon reassured me he would, but never did!

Telstra's Customer Entrapment Method

As Telstra's Release and Indemnity offer was stipulated asonly available in Telstra Services I was trapped and at the first suitable opportunity requested disconnection of all services including BigPond explaining on the phone exactly why at which point he said he would have to get advice and returned to say it would be done!

Telstra continued billing me after agreeing at my request to disconnect my line and cease all services in protest of the

companies corrupt actions, Telstra was aware of my position and ought reasonably to of been aware of their inability to supply the service charged for, on a communications line that Telstra had themselves disconnected!

Telstra talks of rules of which they follow none themselves, but stipulate rules to trap you when it suits them!

I have not had any connection, service of internet or phone since 2006 as I refuse to be controlled, bullied and oppressed by immoral law breaking thugs! I live on my own seeing half dozen snakes or more at my premises every year and have suffered some medical problems.

Now remind me again how Government, ACCC and the concerned self regulatory code makers protect us and our rights?

TPA's, Service guarantees, right to communications for equal opportunity & medical emergency.

Not being able to afford paid representation, I have payed out a very large amount of money in public computer access for 2 years to learn my rights because no one else "in reality" cares, or will protect you, it was no walk in the park!

What can I say, the T is for Telstra, to reduce liability IN FAVOUR OF TELSTRA CORPORATION LIMITED and its officers, employees and agents ("Telstra") READ TIO CORRESPONDENCE

TO THE LABOR GOVERNMENT ABOUT MENINDEE BROADBAND:

I live 4.9 km in copper wire length from a Now Broadband Enabled DSLAM at the Menindee exchange on the Darling River, I had ISDN !!!!!

A Telstra Expert Technician who resolved long standing problems associated with my ISDN system over the phone, checked and confirmed this in 2006!

I informed both Governments of this since 2006 and on numerous times since.

Telstra's Advice is again Questionable?

The actual copper length quoted by Telstra Technical department was approximately 4.9 km which does not seem possible or correct as I am about

1 km from the exchange and my route closely follows the buried cable along the road?

Here is a statement from an ISP company, that is also repeated similarly by others:

It's even more annoying if you appreciate that Telstra could in fact connect you at 4.9 km's to a DSLAM if they chose to offer Naked services. Where we have Naked DSL on our own hardware we can easily supply services at that copper length.

"I understand that in December 2005 a Telstra representative advised you by phone that the only internet service available to you was ISDN, and as a result you had an ISDN service connected. You claim that you should have been advised that satellite was an option for you under the Government's HiBIS scheme."

The erroneous comprehension of written facts by the ACCC is inexplicably unprofessional, consequently so is their assessment conclusions!

I state being offered dialup as the only high speed internet service available and not being "Informed of Satellite or HiBIS!"

Telstra's had a monopoly over service provision after connecting the line for dial-up, had correct advice been given they would not have had this service monopoly position, all other events after this are/were irrelevant and only consequently possible due to line connection, including resultant events over 8 months, "Release & Indemnities" disadvantage and costs!

After a Wireless Broadband service was offered that did not actually exist, Telstra offered ISDN that was relatively expensive and had not been offered when initially requesting their fastest internet service, still satellite was not mentioned or offered, nor was HiBIS!

Once the ISDN was connected Telstra then quoted the HiBIS guidelines enforcing me to retain their ISDN! "I was Trapped"

Again I reiterate these monopolising events by Telstra were only consequently possible after line connection due to dial-up being the fastest service they would offer me, which from a customer's position is a "Service Qualification" where HiBIS would be explored before connecting the line for Telstra's offer of "dial-up only" were you informed of HiBIS existence!

If intention has to be proven in regards to TPA breaches we should all stock up on Vaseline!

Also to correct another ACCC erroneous comprehension: ISDN was offered in a Telstra shop! Not by phone?

Given the opportunity in a court of law I can similarly dismiss all the so called evidential facts given by Telstra and the TIO!

It should be my right not to deal with a company that behaves with such immoral contempt for me, the law and the Trade Practices Act being financially damaging, personally offending and disrespectful in my regard!

I put it to all Australian Government parties that they do not have the right to allow or effectively create a monopoly situation where I have to do business with such people or suffer through no services, having no possibility for efficient service related business being disadvantaged through lost opportunity and possible income!

The Government un-intently via Telstra has disadvantaged me!

My Specific Compromising Request of Government to protect Farmers:

Above I have stated what should be my right but because our Government allows farming people to be disadvantaged by Telstra, the following is a compromise that I have to make, if wishing to earn a living through an internet related business

My immediate very simple compromise request of Government that does not resolve the underlying problem but would give me some protection against possible unruly Tactics by Telstra follows:

That you immediately request on my behalf that Telstra check that the availability and quality of Telstra owned section of copper line to my residence prior to connection is suitable for 1500kbps broadband via their infrastructure and that the line will be made available promptly for the broadband service provider of my choice such as Exetel, giving the provider and myself line specification information prior to connection & offering full cooperation to have a service connected & promptly functional on request without hinder!

Additional Broadband Information:

Telstra ISDN Specialist Technical department verified in 2006 that I was less than 5 km in copper length and informed me that in such instance DSLAM was installed in our exchange my premise could receive ADSL service!

Telstra's Advice is again Questionable?

The actual copper length quoted by Telstra Technical department was approximately 4.9 km which does not seem possible or correct as I am about

1 km from the exchange and my route closely follows the buried cable along the road?

My line was disconnected in around August 2006 after having ISDN!

In late 2006 the Menindee NSW (AREA CODE 2879) exchange was equipped with Telstra DSLAM equipment and is now ADSL enabled for Menindee!

You can view "ABG online check" Screen Shots of exact location which shows ADSL service availability along with previous Telstra's Account details included for reference here:

Additionally, out of curiosity I dropped into a Telstra shop and had them do an ADSL availability check for my parents 100 metres away from me in Menindee and the result was, "YES" they can connect ADSL too!

Exetel Broadband:

I have had a long discussion with Exetel provisioning department regarding theoretical reasons why they might not be able to provide me an "ADSL service or level of" through Menindee exchange with only Telstra DSLAM equipment!

Including:

RIM, pair gain situation!

Port availability!

Existing infrastructure quality!

Distance from exchange to residence, length of copper line!

Exetel explains that assuming there are no other limiting factors such as is listed above:

The distance still may not be serviceable in practice through failing to meet transmission speed requirements when actually tested, so I put it to Exetel that were it the case a requested 1500 kbps plan speed was not achievable could you just offer me one of your lower kbps plans that was achievable? Exetel answered yes and I informed Exetel that from my view point this would be acceptable!

Questions for Telstra about Broadband for me at Menindee:

Telstra Management is well sourced to request any limitations based on the previous ISDN line connection along with company general infrastructure knowledge and expertise of Menindee (Town) Population 1000!

Q) Are there any limitations other than a possible speed compromise relating to distance on the possibly reconnection of the line for ADSL?

Q) If not approximately what kbps plan might be achievable?

EG: Up to 8192 or 1500 or 512 kbps plan?

Disconcerting Factor about connecting Broadband:

When requesting line connection Telstra only has to pre advise you of the possibility of service limitations if you specify you want ADSL, not actually inform you of any known limitations of a pending line before connection, In my case a line was previously connected and I am asking specifically for advance information due to my bad experience and understandable lack of any trust!

A Request to Lawyers for Legal Representation:

I ask if a legal service will represent me to seek compensation for disadvantage from Telstra's actions along with misapprehensions!

The TIO, Government Parties and ACCC not acknowledging or acting on breaches of the TPA and acts contrary to law in my matters raised are misleading through silence.

If neither Telstra the TIO, ACCC or Government were/are guilty of any crime, misconduct or erroreous judgement in matters I raised with them, then by definition these bodies claim that I am misleading, deceiving, lying and guilty of acts contrary to law in these matters!

I herby call for full correction from inadvertently or otherwise offending parties and compensation for the wrongs done Including the personal negative impact on my life for over two years!